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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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Gotaparkingticket

Ethical Parking Contractual Breach Charge - Chichester College

style="text-align:center;"> Please note that this topic has not had any new posts for the last 427 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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probably wont but keep paprwork safe for a couple of years just in case.

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kep your paperwork safe for a couple of years though

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kep your paperwork safe for a couple of years though

 

Will do. Thanks for the help.

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And like a bad smell.....it lingers. Here is a letter I received from some solicitors. Advice please. I assume its leave it and forget. Looks like a generic letter looking to extort me for money.

 

@ericsbrother

@dx100uk

Gladstones Solicitors Letter.pdf

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I agree with you. It looks like one of their standard letters as the amount has gone up to £160 for no reason and burbling on about the Beavis case when it's probably irrelevant.

 

The guys will tell you if it's worth replying or not. :)

 

HB


Illegitimi non carborundum

 

 

 

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Thanks Honeybee. Just seen one of erics replies to a similar case but in regards to Shoreham Airport. Looks like I may be writing to them, but I shall await a response from eric and hopefully one of his cunningly written drafts :wink:

 

I agree with you. It looks like one of their standard letters as the amount has gone up to £160 for no reason and burbling on about the Beavis case when it's probably irrelevant.

 

The guys will tell you if it's worth replying or not. :)

 

HB

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Just don't ignore a claimform


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Gladstones are the IPC in another frock so they persuade the members to use them for their debt collection and if possible legal actions.

 

However, they are greedy and incompetent and make deals that could be Champerty (look it up) and Maintenance so although this letter in itself is harmless I feel it would be wise to create a paper trail via Gladstones so you can use it against them later if necessary.

 

 

You need to be firm in your wording so something like:-

Dear Will and John,

as you are the worlds greatest solicitors and in no way compromised by your directorships of the IPC you will know that the demand you make for £160 bears no relationship to what can be claimed as a debt in this matter.

 

You should also advise your client that any debt to them is denied in its entirety and that it is denied that the keeper was the driver at the time of this alleged event and puts it to "strict proof" that they identify the debtor before employing you to waste their money an a doomed civil action.

 

Mind you, they must be desperate employing you as debt collectors AFTER DR+ have failed to get anywhere, that really shows where you stand in the shoddy and murky debt collecting world.

 

I hope that when you pass this on to your clients they see sense and realise that they have been rumbled before they have been Gladstoned to quote a famous blogger of the motoring world.

 

If you want to take this bold approach do not try and water it down or you will be getting a claim form.

 

This letter lets them know that you are not going to pay and not going to be cowed by their threats as you are well aware of their behaviour and reputation.

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Is this letter I have received a claimform? Sorry for being a bit simple but I've never gone through this process before.

 

Just don't ignore a claimform

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No it isn't, it's just a letter from Gladstones. A claim form comes from the court and says N1 on it.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks Eric, I will get that sent out today. DO I just send it to Gladstones or to Ethical as well.

 

Just one point (please bear with me, I'm still trying to actually comprehend it). The bit where you say that it is denied that the keeper was the driver at the time, is that just a phrase being used as I am not denying i parked the vehicle, it's just i purchased a ticket that somehow ended up upside down.

 

Thanks

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I didn't realise Gladdys were in Knutsford. They must be lowering the tone there. :lol:

 

HB


Illegitimi non carborundum

 

 

 

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that will do fine. I would be tempted to send a copy to Ethical as well so they know that you are not frit of their advisors and they may decide that as you know gladdys are really a laughing stock they will think twice about usingnthem further, even if that is on a promise of payment by results (hah!)

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Hey Gotaparkingticket,

 

I also have fines from Ethical for the same college.

Wondering how things are with your case?

 

Brian

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threads more than a year old and where do they use the word FINE please.

 

better to start a new thread

of your own please

 

you wont get seen here

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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threads more than a year old and where do they use the word FINE please.

 

better to start a new thread

of your own please

 

you wont get seen here

 

dx

 

Thanks Dx, but I'm specifically looking for a response from the OP rather than advice from others.

Unfortunately I cannot direct message them as I am new...

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quite correct too

PM advise is not allowed.

 

they never heard anything , but ofcourse people never bother to return, just forget about it

 

start a new thread ….posting on an existing thread is not how CAG operates.

 

the OP has not looked at CAG since 25th aug last year


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I'm not after PM advice either, I'm not requesting advice at all.

I was hoping they might have a further photograph from the site, specifically the small T&C signs dotted around the car park which are very different to the entry sign.

Hence only a post on this thread will suffice.

Hopefully like myself they will see the email notifications from your / my messages and click if they are bored.

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post 14

 

but that doesn't really help you

why do you think they are important.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I won in court last year, against a different PPC, purely based on the technical wording of their signage.

I also know from being at that car park that this college has a couple of different signs depending on the area.

So they are highly relevant, especially considering the case I am amount to make will be using this point.

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oh well looks like you're gonna have to take a trip then.

only 2 threads here on this carpark..

so you've a court claim on this one then?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Not heard a thing since my last post. Greatful for all the advice from the guys on here.

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